DCF, Spouse is Green Card Holder, what to do?

[Redro 4,611]

43 minutes ago, Boiler said:

Well that is confusing....

I don't feel at all qualified to answer. 

But, I'm thinking the consulate will suggest she file form I-407 and formally renounce her LPR status. 

Then they can file DCF.... I think military members have special privileges not open to regular USCs living abroad? 

Maintaining her GC she got through the first husband could complicate matters as he would still be her primary sponsor? 

Would probably be best to cut all ties with the ex-husband. 

 

In OP's first post, I assumed he had sponsored his wife and they returned to Korea together... 

Not sure about this "renewed visa" thinking she filed a re-entry permit and renewed it twice? 

 

ETA: From initial post I'm thinking she was supposed to return to the US by January 15, 2022? 

 

 

Edited June 7, 2022 by ROK2USA

[Boiler 45,519]

The details of the 2 posts are so different makes me wonder if they are the same people, but then there seem to be some common factors.

 

In general  I can think of 3 different options but as far as a specific case well the details matter and those are by no means clear.

 

DCF would most likely be the safest route.

Edited June 7, 2022 by Boiler

[longsack22 0]

8 hours ago, Paul & Mary said:

Is she current on her US income tax filings?

Yes

[longsack22 0]

7 hours ago, hunny&me said:

Have you tried her applying Returning Resident Visa?

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

This is an option I’m going to look more into…

[longsack22 0]

7 hours ago, Boiler said:

When did she last live in the US?

 

What has she done to maintain the US as her permanent residency?

Last lived 2014.  Last visited 2016.  Paid joint usa taxes from 2009-2021.

[pushbrk 12,883]

Lots of considerations here including a returning resident visa.  Have you spoken to the Military immigration liaison?  Even if you have, ask again about the returning resident visa.

[longsack22 0]

On 6/8/2022 at 9:27 AM, pushbrk said:

Have you spoken to the Military immigration liaison?

I’m going to have to ask around the air base about this.  Other than the legal office I’m not aware of any thing or any one specifically that would have this duty.

[pushbrk 12,883]

2 hours ago, longsack22 said:

I’m going to have to ask around the air base about this.  Other than the legal office I’m not aware of any thing or any one specifically that would have this duty.

Yes, I think they would be found at the legal office.